Nowadays, almost every person in or around Australia drives a car to and from their destination, and therefore, needs a license to ply on the roads of the country. However, not everyone drives the same and therefore can be the cause of an accident on the road. Usually, for nominal offenses like a missing taillight, or a broken mirror, the law and order impose a fine.
In extreme cases, usually after a substantial loss of property, life, or in case of a serious injury, the legal machinery may decide to disqualify the license of the person involved. If the affected person decides to contest this decision, he or she can appeal to the court for the continuation of the driving privileges. Incidentally, the person would be on the better side, if he or she thinks about hiring a traffic lawyer for his or her case.
The reasons for disqualification
The rules of the Australian roads are quite strict on the safety and the life expectancy of the vehicle and its passengers. Regular checks are maintained to detect any traffic offense occurring within the road. There are separate penalties for each type of offense, and the extent increases with each repetition. The meaning of the statement is that, if a person is caught breaking the traffic law multiple times, the inten>sity of the penalty will increase; that may escalate from monetary fine to serious jail time.
The accused have a right to defend his or her case, and in a court of traffic law, nothing but hard evidence and proper representation of the case will prevail. Therefore, rather than wasting time in screaming and protesting, it will be best to heed the legal advice from a proficient lawyer. The main reason a license gets disqualified can be stated as;
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Driving under influence (DUI)
Every country has a law in place to curb the event of driving the influence of any addictive substance. First in this list is alcohol. The Australian traffic law has a clear and defined limit of alcohol in the blood of a driver, beyond which he or she is deemed unfit for driving and is subject to the penalties decided by the law. For the roadways of the country of Australia, the limit is lower than or equal to 0.02% in the breath.
However, a person once convicted for a DUI, otherwise known as an “alcohol offender”, must have a BAC (blood alcohol count) of 0% in the period of suspension of license. To have a second hearing of the case and contest the penalty of suspension, consultation of traffic lawyers Perth will be necessary for the long run.
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Non-payment of fines
The traffic legal body has the right to disqualify the license of a person if she or she defaults on the fines charged for a previous traffic offense. The registrar of penalties has the right to suspend or discontinue the license of driving and the vehicle, levy additional fine, and even of issuing an arrest warrant. The offender may have to pay the fine within a stipulated time, failing which he or she may have to face jail time or attend community work to pay the dues. In the worst-case scenario, the officer can impound the vehicle and sell the defaulter’s belongings to make up for the money.
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Refusal to a breath test
Breath tests are required by law and are mandatory for every driver to go through when presented with. Under the Road Traffic Act 1974, Australia, a person refusing to undergo a breath test or provide a urine sample when required by the police is committing a traffic rule violation and is subject to the legal penalty for it. The breath test measures the BAC of the person being tested, and the penalty for refusal will be dependent on the driving history of the accused person and the circumstances of the refusal. Usually, the refusal to provide the police mandated BAC can result in the disqualification of the license.
Extraordinary driving license (EDL) – not an extra permit
The Australian traffic law allows a person who has his or her license canceled or disqualified to drive legally under the extraordinary driving license or EDL. Under the Road Traffic Act 2008, Section 27, of the Australian traffic law; a person with canceled, disqualified, or other license disqualification issues can apply to the court for the EDL. However, the EDL is not a substitute driving license under suspension.
A person holding an EDL is not allowed to drive if he or she has a canceled or disqualified driver’s license as a consequence of demerit point suspension or a deferment order under the Fines, Penalties, and Infringement Notices Enforcement Act 1994. However, if the court rejects the application, the defendant cannot apply for six months, and also forfeit the application fees. The court may also order another practical driving test before an EDL is granted; in which case, the person will not be issued an EDL from the Department of Transport before qualifying in the driving test.
The use of a traffic lawyer
As per the practice of the re-application after the disqualification of a driver’s license, there are several steps that the driver has to go through to get a new license. The disqualification period has to be completed, or the individual would have to have an EDL with an Alcohol-interlock-vehicle. The steps are;
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Making an application
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Complete the theory test
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Disclose any factor that may impair the ability of the applicant to drive. The applicant may have to submit a Medical assessment certificate: Fitness to drive (Form M107A) to the officer.
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If a practical driving assessment is required, then the applicant may have to book a prior date as quickly as possible after disqualification.
There are several steps to complete and many documents have to be submitted for applying for a fresh license after license suspension. To get the proper advice, complete evaluation, and on need, representation in court, book an appointment and have a conversation with the most experienced and skilled traffic lawyers.